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Michigan Legislature
Michigan Compiled Laws Complete Through PA 47 of 2019
House: Adjourned until Wednesday, July 17, 2019 12:00:00 PM


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Section 38.1702

ELIGIBLE DOMESTIC RELATIONS ORDER ACT (EXCERPT)
Act 46 of 1991


38.1702 Definitions.

Sec. 2.

  As used in this act:
  (a) "Alternate payee" means a spouse of a participant under a judgment of separate maintenance, or a former spouse, child, or dependent of a participant, who is named in an eligible domestic relations order.
  (b) "Benefit" means an annuity, a pension, a retirement allowance, or an optional benefit accrued or accruing to a participant under a retirement system or a postretirement subsidy payable to a participant under a retirement system.
  (c) "Domestic relations order" means a judgment, decree, or order of a court made according to the domestic relations law of this state and relating to the provision of alimony payments, child support, or marital property rights to a spouse of a participant under a judgment of separate maintenance, or to a former spouse, child, or dependent of a participant.
  (d) "Earliest retirement date" means the earliest date on which a participant meets all of the requirements for retirement under a retirement system except for termination of employment.
  (e) "Eligible domestic relations order" or "EDRO" means a domestic relations order that is considered an eligible domestic relations order under section 11 or that meets all of the following requirements:
  (i) The domestic relations order states the names and last known addresses of the participant and alternate payee.
  (ii) The domestic relations order refers to the attachment to the domestic relations order described in subparagraph (ix).
  (iii) The domestic relations order states the amount or percentage of the benefit to be paid to an alternate payee, or the manner under which the retirement system is to determine the amount or percentage of the benefit to be paid to an alternate payee.
  (iv) The domestic relations order states that it applies to the retirement system and that the retirement system shall make payments to the alternate payee as required under the eligible domestic relations order and this act.
  (v) The domestic relations order does not require the retirement system to provide a type or form of benefit not provided by the retirement system or a form of payment not provided by this act.
  (vi) The domestic relations order does not require the retirement system to provide an increased benefit determined on the basis of actuarial value.
  (vii) The domestic relations order does not require the payment of a benefit to an alternate payee that is required to be paid to another alternate payee under a previously filed eligible domestic relations order.
  (viii) The domestic relations order is filed with the retirement system before the participant's retirement allowance effective date or the participant's death, whichever occurs first.
  (ix) The domestic relations order requires that the social security numbers of the participant and the alternate payee be sent to the retirement system in an attachment to the order. The attachment shall not be filed with the court, but shall be attached to the domestic relations order when it is sent to the plan administrator for approval.
  (f) "Filed with the retirement system" means that the retirement system has determined that the domestic relations order submitted for filing is acceptable as an EDRO.
  (g) "Participant" means a member, deferred member, vested former member, deceased former member, or retirant under the retirement system.
  (h) "Postretirement subsidy" includes, but is not limited to, all of the following:
  (i) A supplemental annuity.
  (ii) A supplemental payment to a participant.
  (iii) A percentage increase to a benefit payable to a participant.
  (iv) Any other payment to a participant or increase to a benefit payable to a participant, excluding health benefits.
  (i) "Retirement system" means a public employee retirement system created and established by this state or any political subdivision of this state.


History: 1991, Act 46, Imd. Eff. June 27, 1991 ;-- Am. 2008, Act 348, Imd. Eff. Dec. 23, 2008 ;-- Am. 2013, Act 32, Imd. Eff. May 16, 2013


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